A
citizen inquiry was made concerning who can place messages on the electronic
sign at the entry of CityCenter.On September 24, 2002, the City Council
adopted a policy related to who can place messages on the electronic sign.The policy states that only sponsored and
co-sponsored activities held at CityCenter shall be eligible
to advertise on the electronic board.Additionally, special events sponsored by the Port Orange Regional
Library may be posted on the sign.Palmer and the Y are authorized to place their messages on the
board.They are required to submit the
message 30 days in advance.Although the
Policy requires City Council to approve the Palmer and Y messages, since the
very beginning, the Council has allowed staff to handle the placement of the
messages on the board as long as there are no conflicts without bringing the
individual messages to the City Council.Does the City Council desire to revise the policy to either remove one
or more of the entities from placing messages on the board?Does the City Council desire to revise the
policy to reflect the past practice of delegation to staff?Does the City Council desire to see the
requests from Palmer and the Y to place items on the message board and approve
the messages?

Quentin
L. Hampton Associates, Inc., has submitted the estimate of engineering fees
associated with the construction phase of the Sleepy Hollow Drainage Improvements
Project.As shown on the attached, total
fees for this phase will not exceed $64,695.00.Funds are available in Account No. 41218005416397, Project DIP041.

Staff
recommends approval of additional engineering fees in the amount of $64,695.00
to Quentin L. Hampton Associates, Inc., for the construction phase of the
Sleepy Hollow Drainage Improvements Project.

City Manager’s Comments:Normally,
at the time of bid award, the City would have submitted the inspection and
project supervision item forward to the City Council for approval.When the Public Works Department began
receiving bills for the inspection services and project supervision, they
realized that this item had not been submitted to the City Council for
approval.The fees are in accordance
with the contract provisions the City has with Quentin L. Hampton
Associates.If you have questions,
please feel free to contact Warren Pike or Bobbi Palmer.

Miller Pipeline is a local company based out of New Smyrna Beach, Florida
which has recently completed approximately 12,000 linear feet of cleaning and
televising the entire 30” gravity sewer collector system along Dunlawton Avenue.No pipeline or pipe lining failures were
observed.This was great news!

After thoroughly cleaning and removing about 6” to 9” of debris, rocks
and bricks deposited along the 30” gravity sewer collector system (see attached
picture), a thorough inspection and review of the 32 manholes revealed
infiltration and significant wear and tear requiring rehabilitation/repair at
the bottom of the majority of these manholes. These manhole deteriorations need to be
repaired before a single catastrophic failure interrupts future wastewater
flow.It should be noted that in the
past similar manhole replacements due to manhole base failure has cost $30,000
- $40,000 each.A $1,500 - $2,000 per
manhole cost now on this critical gravity collector system is a very wise
investment.Per copy of their letter,
attached, Miller Pipeline has expressed their willingness per the City’s
request to rehabilitate these manholes per listed unit prices.We have reviewed their unit prices and found
they are fair and reasonable and
in-line with current industry pricing within our area.We are confident that Miller Pipeline Corp.
can continue to work with us and perform all work assigned to them in an
acceptable manner.

We therefore request your approval at this time to approve this Change
Order #1 for an amount of $45,020.00 to the Miller Pipeline Corp. for sanitary
sewer rehabilitation.Funds have been
budgeted and are currently available in the Sewer System Rehabilitation Project
# URH001 to pay for this work.

Staff recommends that Council authorize a Change Order #1 in the amount
of $45,020.00 to be issued to Miller Pipeline Corp., under their existing
contract with us for sewer system rehabilitation service at the Dunlawton
Avenue 30” Gravity Sewer Collector System and to authorize the Mayor and City
Manager to sign and execute all required contract documents.

In
2007, Council approved contracts with these five firms for a period of three
years with the option for two – one-year extensions.The original contract period will expire in
August, 2010; and staff recommends the contracts be extended for one year.

Attached
is a letter from the Florida League of Cities asking that the City Council
appoint a voting delegate for the annual Florida League of Cities Conference to
be held in Orlando
on August 19 to 21.Vice Mayor Mary
Martin is registered to attend this conference.Staff requests that Vice Mayor Martin be appointed as the Council’s
voting delegate during this conference.

The City has the unique opportunity to work
cooperatively with the Florida Inland Navigation District (FIND), the Army
Corps of Engineers (ACOE), and their contractor, Optimum Services, Inc., and
subcontractor, Ryan Southern, Inc., to dredge the B-23 canal with the existing
dredge equipment mobilized for the Rose Bay project and utilize the same
pipeline and spoil island already in place and constructed.

The ACOE has previously expressed a willingness to
extend the demobilization period with Optimum Services to allow Ryan Southern
the ability to dredge the B-23 Canal with the existing pipeline and equipment
being used for the RoseBay project and we are
working to secure their formal approval.Both Optimum Services and Ryan Southern have agreed to this arrangement
so long as it does not interfere with their primary ACOE requirements.FIND has agreed to allow the City to place up
to 30,000 cubic yards of spoil material on their reserve containment site.

Ryan Southern has quoted the City the same per cubic
yard dredging cost afforded to the ACOE at $12.00/cy plus the carrying cost of
a letter of credit.The price is
inclusive of mobilization/demobilization, equipment, materials and
insurance.Because the firm is already
mobilized in RoseBay with a constructed
pipeline to the FIND spoil island substantial cost savings are expected.Based upon the engineer’s estimate, the
savings could easily be over $130,000.In addition, only Ryan will be capable of moving forward in an expedient
fashion to take advantage of the ACOE project and efficiencies.Under the contract, Ryan will provide the
City with a letter of credit equal to 100% of the project cost and for each
cubic yard dredged less than 30,000 cubic yards, the City will receive a credit
of $2.35.

Ryan’s proposal includes costs associated with
seawall, pile and dock removal.These
actions and costs would only be initiated in accordance with the Release, Indemnity and Hold Harmless
Agreement and Grant of Lien and Access Rights document that abutting
property owners executed.It states that
if the property owner does not remove a fallen impediment to the dredging in a
reasonable time, the contractor can remove it in order to proceed with the
project.

Because of the unique circumstances and time
constraints surrounding this project, staff recommends waiving the City’s bid
procedures and awarding the B-23 Canal dredging contract to Ryan Southern,
Inc.A notice to proceed will not occur
until permits are received from all applicable regulatory agencies.

Staff recommends that Council waive the City’s bid
procedures and award the B-23 Canal dredging contract to Ryan Southern, Inc. in
the amount of $376,200 and authorize the Mayor and City Manager to execute all
necessary contract documents as prepared by the City Attorney.

City Manager’s Comment:This
is for the dredging cost only.The City
will be replacing seawalls on City-owned property along the canal.It is important that the City move forward
with this contract since the City can utilize the services of the RoseBay
dredge contractor. Shannon continues to work
with the property owners to resolve any remaining issues.As you are aware, there are property owners
located north of Main Street
that would not sign the waiver.They
claim they do not own the seawalls and, therefore, would not accept
responsibility for the seawalls if they fell into the canal as the result of
the dredging.The City does not own the
seawalls in this area.

Barcelo Development, Inc. has provided a Public Improvements Agreement for off-site
public road improvements to Ridgewood
Avenue including paving, curbing, sidewalk
improvements and associated facilities. The improvements are part of the
redevelopment of the site as a construction storage and garage facility for
Masci Construction Inc. The agreement requires that this work is completed
within one-year from the Development Permit issuance and that a one-year
maintenance bond for the work be provided with the completion and final
acceptance of the development.

Staff
recommends that Council approve the Public Improvements Agreement for Barcelo
Development, Inc.

The subject property was connected to the City water
system on June 30, 2009, prior to annexing into the City. The property owner
currently maintains a Florida
Department of Environmental Protection (DEP) permitted stand-alone sewer plant
(i.e. package plant) on thepropertyandhasjointlyprepared this Utility Service Agreement with
the City that

establishes a timeframe for future connection to the
City sewer system, addresses impact
fees, existing improvements and other miscellaneous matters related to utility
service to and on the property. The agreement is attached for your review.

Staff
recommends that Council approve the attached resolution regarding water/sewer
services, impact fees, existing improvements and other miscellaneous matters
related to utility service to and on the property
located at 4000 S. Clyde Morris
Boulevard, subject to the adoption of the
ordinance relating to annexation.

The
Investment Committee has reviewed the Investment Policies as previously set
forth.It is proposed that the
Investment Policy be changed to meet current economic needs.All changes can be seen in the attached
draft.Staff recommends approval.

City Manager’s Comments:Recently, Warren Pike and the owners of Colony in the
Woods tested whether the garbage equipment used by Veolia could navigate the
streets in Colony in the Wood without damaging property.It was determined that the garbage trucks
could not safely navigate the streets without damaging the property.Colony in the Wood has asked to be allowed to
continue collecting their own garbage since it would be difficult for the
trucks to collect garbage and recycling without damaging the Park
property.I have indicated to Rob
Merrill, the attorney for Colony in the Wood, that the City would reserve the
right to serve Colony in the Wood with garbage service if the contractor
provided the necessary equipment to do so on the narrow streets.The only reason that we are asking the City
Council to grant this waiver is because of the damage that the trucks would do
to private property.We need to make it
clear to the owner of the property that if he assumes the responsibility for
collecting solid waste within Colony in the Wood, it carries with it the
responsibility to collect all solid waste, including debris as the result of a
natural disaster.The owner may not be
eligible for reimbursement from FEMA since this is a private development.

In a continuous effort to promote a more sustainable
future, the City will be reviewing the Comprehensive Plan and Land Development
Code to remove barriers and to promote “green” development practices. As part
of Phase III of the City’s Green Initiative, the City of Port Orange, applicant, requests approval of
amendments to Chapter 2, 16, 17, and 18 of the Land Development Code, related
to green roofs and community gardens. If approved, the subject amendments
incorporate new definitions and establish requirements and incentives for green
roofs and community gardens.

Staff
Recommendation:Staff recommends
approval of the attached ordinance amending Chapters 2, 16, 17, and 18 of the
City’s Land Development Code for Case No. 10-25000005 regarding green roofs and
community gardens.

The
City of Port Orange
will receive $307,546 in fiscal year 2010-2011 Community Development Block
Grant (CDBG) Funs.The City has
completed the public comment period and all necessary public notices regarding
projects and activities selected for funding.

The
following projects/activities have been selected:

Planning/Administration$61,509.00

AdultActivityCenter Improvements$246,037.00

Submission
deadline for the completed and approved FY2010-2011 CDBG Action Plan is August
15, 2010.

Staff
recommends approval of the Fiscal Year 2010-2011 Community Development Block
Grant (CDBG) Action Plan.

Chief
Monahan will make a presentation regarding the requirements for operation of
golf carts on City streets.A copy of
the study and ordinance from South Daytona is
attached.

City Manager’s Comments:There has been some interest expressed by citizens
about being allowed to drive street legal golf carts in Port Orange.Chief Monahan will make a presentation on this item.There are required studies that must be done
in order for a City to allow carts to be driven on streets.It is my understanding that South
Daytona’s study cost about $30,000.Chief Monahan will provide the details
related to using these types of carts on City streets.I know people are looking for alternative
methods of transportation to help offset the cost of fuel.These road ready carts are one mechanism that
citizens are exploring to help them control their budgets.

In July, the City intends to apply
for St. Johns River Water Management District Water Conservation Cost-Share
funds for installation of FlexNet Water transmitters and Water Meters and
education efforts.The District seeks
applications that implement strategies that implement water conservation
efforts and help provide sufficient water resources
for users and protect the environment.

In order to be
eligible to apply for the funding, the City must adopt a Landscape Irrigation
Ordinance that reflects the District’s promotion of resource conservation
through new methods, technology and education efforts.

Staff recommends that Council approve
the attached Model Water Conservation Ordinance for Landscape Irrigation.

Second Reading:July 20, 2010

City Manager Comments:Some months ago, the City Council adopted revisions
to the irrigation ordinance.This is an
amendment to that ordinance.This
Ordinance meets the criteria established by the Water Management District for
irrigation.

The City intends to apply for St.
Johns River Water Management District Water Conservation Cost-Share funds for
the installation of FlexNet Water transmitters and Water Meters at 700
homes.This project will focus on the
underserved sections of the City in terms of older meters and no FlexNet
devices.

Once in place, the City can increase
its meter reading abilities but also increase monitoring to address broken
pipes, irrigation system issues, and over watering.This proactive approach will reduce City and
citizen costs.Early identification of
these events will conserve time, energy, and water.

The City seeks
$84,000.00 from St. Johns
and matches the request in the amount of $84,000.00.The City’s match derives from the Meter
Replacement account.The total project
cost is $168,000.00.

Staff recommends that Council approve
the attached resolution authorizing the City Manager to submit a grant
application to the St. Johns River Water Management District Stormwater
Cost-Share grant program, authorize the Mayor and City Manager to executed any
contracts or agreements, and provide a match.

City
Manager’s Comments:The St. Johns
River Water Management District is seeking applications for ways to help
conserve water.The City would like to
apply for a matching grant to the Water Management District that would
authorize the replacement of about 700 water meters to the new FlexNet
system.The FlexNet System is our
automatic meter reading system.The
FlexNet system allows the City to identify broken pipes, unusual water usage,
and other issues that would lead to high water bills.It allows the City to read the meters
remotely with a direct connection to the City’s computer system.The City has a plan to change out the water
meters over a several year period so that the City can read the water meters
remotely.This will save time and energy
when the entire system is connected to the FlexNet system.

On December 8, 2009, the City Council authorized
staff to draft and mail a Release,
Indemnity and Hold Harmless Agreement and Grant of Lien and Access Rights for
the B-23 Canal to the property owners abutting the canal.The City is in receipt of executed documents
from 29 of the 33 affected property owners.

Of the four property owners who did not return the
agreements, three have indicated that they will not execute the document.The remaining property owner recently purchased
the property and is working with staff to finalize the necessary documents.

Letters were also mailed to seven properties that may
have private structures on publicly-owned lands and asked that they be removed
prior to March 1, 2010.Staff indicated
that the City Council may consider negotiating some type of agreement with the
residents for future use after the improvements are made.To date, none of the structures have been
removed; however most individuals expressed their cooperation and were waiting
to see what happened with the project.This resolution will provide a mechanism to begin the removal.

The City’s consulting engineers, Dredging &
Marine Consultants, LLC (DMC), have analyzed the characteristics of the canal
and have talked with the proposed contractor to determine project
feasibility.We believe that dredging
can occur in the areas where the waivers were executed; however, it will mean
that not all of the material previously permitted will be able to be
removed.The three property owners who
will not execute the waivers are located in close proximity to each other on
the northern end of the canal, so the dredging will have to stop south of those
properties at an exact location still to be determined.

Because we did not receive 100 percent of the
waivers, City Council authorization is needed to move forward with the
project.Staff recommends approval of
the attached resolution authorizing the dredging and restoration of the B-23
Canal; requiring the removal of all structures that would delay the dredging
project; and requiring the removal of all structures erected without authority
on City property.

City Manager’s Comments:The City has to be extremely careful in the area
north of Main Street.As you know, at least one property owner has
stated that they will not accept responsibility for the seawall should it
collapse into the canal.However, we do
have the signatures of all the residents south of Main Street.The agreements that have been signed will be
recorded in the public record.

The
Port Orange Police Department is requesting to use $10,000 from the police
forfeiture trust as a reward in the missing person case of Laurel Rogers.Laurel Rogers has been missing since February
1, 2010.The following statute allows
the use of such funds with City Council approval.

·932.7055 –
Disposition of liens and forfeited property:

5. (c) 1.Such
funds may be used only for school resource officer, crime prevention, safe
neighborhood, drug abuse education, or drug prevention programs or such other
law enforcement purposes as the board of County commissioners or governing body
of the municipality deems appropriate.

Staff
recommends that Council approve the use of $10,000 from the Police Forfeiture
Trust as a reward for information leading to the whereabouts of Laurel Rogers.